SUNI B.T Vs. VINAYAKA GRANITES

JUDGEMENT

(1.) This contempt appeal is filed challenging the order dated

(2.) By the order of reference dtd. 13/8/2024, the contempt appeal was referred to a Full Bench for examining the correctness of the view taken by the Division Bench in Dr.Sunil C. v. Dr.Selsa S. [2024 (4) KHC 89] on the maintainability of an appeal under Sec. 19(1) of the Contempt of Courts Act.

(3.) The Full Bench answered the reference by the order dtd. 20/12/2024 - Suni B.T. v. Vinayaka Granites and another [2025 KLT OnLine 1014] holding that the interpretation given by the Division Bench in Dr.Sunil C. [2024 (4) KHC 89] is not a correct reading of clause (iv) of the dicta of the Apex Court in the case of Midnapore Peoples Co-operative Bank Ltd. v. Chunilal Nanda [(2006) 5 SCC 399]. In the said decision the Full Bench held that, the Division Bench while referring the matter to the Full Bench has correctly interpreted the law laid down by the Apex Court in Midnapore Peoples Co-operative Bank Ltd. [(2006) 5 SCC 399]. The Full Bench answered the reference as under;